As used in this chapter, the following terms shall have the
meanings indicated:
EASEMENT
That portion of land or property reserved for present or
future use by a person or agency other than the legal fee owner(s)
of the property. The easement shall be permitted to be for use under,
on or above said lot or lots.
EXTERIOR PROPERTY
The open space on the premises and on adjoining property
under the control of the owner(s) of such premises.
OWNER
Any person, agent, firm or corporation having legal or equitable
interest in the property; or recorded in the official records of the
state, county or municipality as holding title to the property; or
otherwise having control of the property, including the guardian of
the estate of any person, and the executor or administrator of the
estate of such person if ordered to take possession of real property
by a court.
PERSON
An individual, corporation, partnership or any other group
acting as a unit.
PREMISES
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
PUBLIC WAY
Any street, sidewalk, alley or similar parcel of land, which
is deeded, dedicated or otherwise permanently appropriated to the
public for public use. This includes private property that is used
for a public sidewalk.
WEEDS
All grasses, annual plants and vegetation, other than trees,
shrubs and cultivated flowers.
WOODLANDS
A habitat where trees are the dominant plant form and the
individual tree canopies overlap and interlink forming a continuous
canopy which shades the ground.
The following areas shall be exempt from the unlawful activities in §
68-2 of this chapter:
A. Woodlands and steep slopes of an exterior property and premises that
are not:
(1) Visible from a public way; or
(2) Located 100 feet from either side of a residential or business structure.
B. Wetlands, as defined in regulations for the Clean Water Act at 40
CFR 122.2.
D. Areas within 15 feet of a watercourse.
A violation of §
68-2 of this chapter is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness and comfort of the residents of the Borough.
The owner of a premises in the Borough shall remove, trim or cut any tree, shrub, grass, weed, noxious weed, and other vegetation growing upon such premises in violation of §
68-2 of this chapter.
A person who violates any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine of not more than $1,000
and costs of prosecution or, in default of payment of such fine and
costs, to undergo imprisonment for not more than 30 days. Each day's
violation shall constitute a separate offense and notice to the offender
shall not be necessary in order to constitute an offense.